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Jessica Clarke

Cornelius Vanderbilt Chair
Co-Director, George Barrett Social Justice Program

Jessica Clarke writes on antidiscrimination law, with a focus on sex, gender, and sexuality. Her work has appeared in law journals including the Columbia Law Review, Harvard Law Review, NYU Law Review and Yale Law Journal, as well as other outlets including the New England Journal of Medicine, Los Angeles Times and Harvard Business Review. She has twice received the Dukeminier Award for the best legal scholarship on sexual orientation and gender identity.

Professor Clarke graduated from Yale Law School and clerked for Shira Scheindlin of the U.S. District Court for the Southern District of New York and Rosemary Pooler of the U.S. Court of Appeals for the Second Circuit. Before entering the academy, she was a litigation associate at Covington & Burling in New York. From 2011 to 2018, she taught at the University of Minnesota Law School, where she received the Stanley V. Kinyon award for teacher of the year. In the fall of 2016, she was the Walter V. Schaefer Visiting Professor at the University of Chicago Law School, and in the fall of 2022, she will be a visiting professor at Harvard Law School. She joined the Vanderbilt Law School faculty in 2018 and was appointed to a Cornelius Vanderbilt Chair in 2022.

Amicus Briefs

Brief of Anti-Discrimination Scholars as Amici Curiae in Support of the Employees, Bostock v. Clayton County, No. 17-1618, Altitude Express, Inc. v. Zarda, No. 17-1623, R.G. & G.R. Harris Funeral Homes, Inc. v. EEOC, No. 18-107 (2019)
Brief of Amici Curiae Anti-Discrimination Scholars in Support of Petitioner, Evans v. Georgia Regional Hospital, No. 17-370 (2017)

Research Interests

Equality law, constitutional law, employment discrimination, law and sexuality, feminist legal theory

Representative Publications

  • "Failed Assignments - Rethinking Sex Designations on Birth Certificates," 383(25) New England Journal of Medicine 2399 (Dec. 12, 2020) (with Vadim M. Shteyler and Eli Y. Adashi)
    Full Text | WWW
  • "The Rules of #MeToo," 2019 University of Chicago Legal Forum 37 (2019)
    Full Text | SSRN | HEIN
  • "How the First Forty Years of Circuit Precedent Got Title VII's Sex Discrimination Provision Wrong," 98 Texas Law Review Online 93 (2019)
    Full Text | SSRN | HEIN
  • "They, Them, and Theirs," 132 Harvard Law Review 894 (2019)
    Full Text | SSRN | HEIN
  • "Explicit Bias," 113 Northwestern University Law Review 505 (2018)
    Full Text | SSRN | HEIN
  • "Frontiers of Sex Discrimination Law," 115 Michigan Law Review 809 (2017) (reviewing Kimberly Yuracko, Gender Nonconformity and the Law (Yale University Press, 2016))
    Full Text | SSRN | HEIN
  • "Protected Class Gatekeeping," 92 New York University Law Review 101 (2017)
    Full Text | SSRN | HEIN
  • "Against Immutability," 125 Yale Law Journal 2 (2015)
    Full Text | SSRN | HEIN
  • "Identity and Form," 103 California Law Review 747 (2015)
    Full Text | SSRN | HEIN
  • "Inferring Desire," 63 Duke Law Journal 525 (2013)
    Full Text | SSRN | HEIN